Rule 3:1-5 Indictable Offenses in the Superior Court; Transfer
Rule 3:1 — General Provisions
Rule Text
(a) Generally. All indictable offenses shall be prosecuted in the Superior Court, Law Division, except that an action brought pursuant to N.J.S. 2C:24-5 (Willful Nonsupport) shall be prosecuted in the Superior Court, Chancery Division, Family Part.
(b) Transfer From Family Part to Law Division. An action initially prosecuted in the Family Part pursuant to paragraph (a) of this rule shall be transferred to the Law Division for trial if the defendant is entitled to and demands trial by jury.
(c) Transfer From Law Division to Family Part. Upon defendant's waiver of trial by jury pursuant to R. 1:8-1 and upon the written consent of the defendant and prosecutor, the Assignment Judge may, on motion of any party, transfer any indictable offense pending in the Superior Court to the Family Part for trial and disposition provided that the gravamen of the offense charged arises out of a family or a family type relationship between the defendant and the victim.
Amendment history: Former rule redesignated as R. 3:1-6(a) December 20, 1983, to be effective December 21, 1983. Source-new; paragraph (a) amended July 14, 1992 to be effective September 1, 1992.